ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030980
Parties:
| Complainant | Respondent |
Parties | Amanda Bumbiere | PMPD Foods Ltd t/a Toffee and Thyme |
Representatives | None | None |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00041189-002 | 24/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00041189-003 | 24/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00041189-004 | 24/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00041189-005 | 24/11/2020 |
Date of Adjudication Hearing: 11/05/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 which designated the Workplace Relations Commission as a body empowered to hold remote hearings. The complainant relied on the affirmation to accompany her testimony.
Summary of Complainant’s Case:
The complainant commenced employment with the respondent as a kitchen porter on 16 January 2017. Her employment with the respondent ended on 3 August 2020 when the company ceased trading. The complainant claims that she is due payments in respect of minimum notice and redundancy. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
I find that based on the uncontested evidence provided by the complainant that she is entitled to (i) Minimum Notice and (ii) a statutory redundancy payment. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Minimum Notice & Terms of Employment Act I find that the complainant did not receive her statutory minimum period of notice or payment in lieu thereof and that this complaint is well founded. I therefore order the respondent to pay the complainant €496 (being two weeks pay) for said breach of the Act.
Redundancy Payments Act The complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Act, in accordance with the following criteria: Date of commencement: 16 January 2017 Date of termination of employment: 3 August 2020 Gross weekly pay: €248 Any award under the Redundancy Payments Act is subject to the complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated: 17/05/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Minimum Notice, Redundancy Payments Act |